Ramirez Sanchez, Chang v. U.S. Attorney General et al
| Chang Luz Ramirez Sanchez |
| U.S. Attorney General, U.S. Department of Homeland Security, Florida Field Office Director, ICE - ERO and Immigration & Customs Enforcement |
| 1:2026cv20825 |
| February 6, 2026 |
| U.S. District Court for the Southern District of Florida |
| Kathleen M Williams |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
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| Filing 6 MEMORANDUM in Support re 4 Order,,,,,,,,,,,,,,,,, #3 MOTION to Dismiss for Lack of Jurisdiction #1 Application/Petition (Complaint) for Writ of Habeas Corpus MOTION to Change Venue by Florida Field Office Director, ICE - ERO, Immigration & Customs Enforcement, U.S. Attorney General, U.S. Department of Homeland Security. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Brock, Brittany) |
| Filing 5 AMENDED COMPLAINT/Petition for Writ of Habeas Corpus against Immigration & Customs Enforcement, filed by Chang Luz Ramirez Sanchez.(blc) |
Filing 4
PAPERLESS ORDER. THIS MATTER is before the Court on the pro se Petition for Writ of Habeas Corpus (DE #1 ) ("Petition") brought pursuant to 28 U.S.C. 2241 by Next Friend Juan Carlos Chavez ("Next Friend") on behalf of Petitioner Chang Lee Ramirez Sanchez ("Petitioner"). Petitioner is currently detained at the Florida South Side Detention Facility ("Alligator Alcatraz") in Ochopee, Florida. Upon review of the Petition and the Government's Motion to Dismiss for Lack of Jurisdiction (DE #3 ), it is ORDERED AND ADJUDGED that on or before March 27, 2026, the Parties shall file supplemental briefing addressing the following: 1. Next Friend Standing Because the Petition has been signed and filed by Next Friend on behalf of the Petitioner, the Court must first determine whether Next Friend has standing to bring this action pursuant to 28 U.S.C. 2242. See Whitmore v. Arkansas, 495 U.S. 149, 162 (1990). To establish "next friend" standing, Next Friend must satisfy two prerequisites: (1) provide an "adequate explanation--such as inaccessibility, mental incompetence, or other disability--why the [Petitioner] cannot appear on his own behalf to prosecute the action" and (2) demonstrate a "significant relationship" to Petitioner as someone who is "truly dedicated to the best interests of the [Petitioner]." Whitmore, 497 U.S. at 163-64 (citations omitted). "Absent 'next friend' status, an individual lacks Article III standing to file a petition on another's behalf thus stripping the district court of jurisdiction to consider the petition." Francis v. Warden, FCC Coleman-USP, 246 F. App'x 621, 622 (11th Cir. 2007). In the Petition, Next Friend has not provided sufficient facts regarding the prerequisites for filing on behalf of Petitioner. Next Friend has not described the nature of the familial relationship with Petitioner or established that he is truly dedicated to Petitioner's best interests. See Sanchez-Velasco v. Sec'y, Dep't of Corr., 287 F.3d 1015, 1029 (11th Cir. 2002). Accordingly, on or before March 27, 2026, Next Friend shall file a notice with the Court establishing his standing to proceed on Plaintiff's behalf consistent with Whitmore.2. JurisdictionBefore the Court screened the Petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, Respondent filed a motion to dismiss for lack of jurisdiction or to transfer case ("Motion") (DE #3 ). In the Motion, Respondent argues that the Court lacks jurisdiction because Petitioner is currently detained in Collier County, which lies within the Middle District of Florida. (Id.) Before ruling on Respondent's Motion, the Court requires clarification from Respondent. Accordingly, on or before March 27, 2026, Respondent shall file a memorandum with the Court addressing the following jurisdictional concerns: (a) Whether Alligator Alcatraz in Ochopee, Florida, is a federal or non-federal facility; (b) The identity of the immediate custodian at Alligator Alcatraz with the power to produce Petitioner before the Court; (c) Whether that immediate custodian at Alligator Alcatraz is a state or federal actor with authority to address Petitioner's claims. See Order, Masingene v. Jim Martin, et al., No. 19-cv-24693-KMW (S.D. Fla. Jan. 27, 2020) (DE 22 at 4-5) (citations omitted); and (d) The name of the facility where Petitioner was first detained in connection with the custody challenged in the Petition, including whether that facility was local, state, or federal. Finally, during the pendency of this federal habeas corpus proceeding, Respondent SHALL NOT remove Petitioner from Alligator Alcatraz without prior order from the Court. Signed by Judge Kathleen M. Williams on 2/27/2026. (nn)
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| Filing 3 MOTION to Dismiss for Lack of Jurisdiction #1 Application/Petition (Complaint) for Writ of Habeas Corpus , MOTION to Change Venue by Florida Field Office Director, ICE - ERO, U.S. Attorney General, U.S. Department of Homeland Security. Attorney Carlos Javier Raurell added to party Florida Field Office Director, ICE - ERO(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Attorney General(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Department of Homeland Security(pty:dft). Responses due by 2/23/2026. (Raurell, Carlos) |
| Filing 2 Judge Assignment to Judge Kathleen M. Williams (kma) |
| Filing 1 APPLICATION/PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Chang Luz Ramirez Sanchez.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) |
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